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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00568
Date Filed2018-03-14
Date Closed2019-06-13
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Agriculture and 15 other agencies for records concerning anticipated expenditures for renovations. The agencies acknowledged the requests, but after hearing nothing further from any of the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF COMMERCE
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF EDUCATION
DefendantU.S. DEPARTMENT OF ENERGY
DefendantU.S. GENERAL SERVICES ADMINISTRATION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF LABOR
DefendantU.S. DEPARTMENT OF TRANSPORTATION
DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantU.S. DEPARTMENT OF VETERANS AFFAIRS
DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-141COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5373310) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Summons as to USAO, # 3 Summons as to AG, # 4 Summons as to USDA, # 5 Summons as to Commerce, # 6 Summons as to DOD, # 7 Summons as to Education, # 8 Summons as to DOE, # 9 Summons as to GSA, # 10 Summons as to HHS, # 11 Summons as to DHS, # 12 Summons as to DOI, # 13 Summons as to DOJ, # 14 Summons as to DOL, # 15 Summons as to DOT, # 16 Summons as to Treasury, # 17 Summons as to VA, # 18 Summons as to OMB, # 19 Summons as to State, # 20 Civil Cover Sheet)(Creighton, Sara) (Entered: 03/14/2018)
2018-03-142LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 03/14/2018)
2018-03-14Case Assigned to Judge Christopher R. Cooper. (zmd) (Entered: 03/14/2018)
2018-03-193SUMMONS (18) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 03/19/2018)
2018-05-014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 5/9/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/29/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 3/29/2018; U.S. DEPARTMENT OF AGRICULTURE served on 3/28/2018; U.S. DEPARTMENT OF COMMERCE served on 3/28/2018; U.S. DEPARTMENT OF DEFENSE served on 3/28/2018; U.S. DEPARTMENT OF EDUCATION served on 3/28/2018; U.S. DEPARTMENT OF ENERGY served on 3/28/2018; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/28/2018; U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/28/2018; U.S. DEPARTMENT OF JUSTICE served on 3/29/2018; U.S. DEPARTMENT OF LABOR served on 3/28/2018; U.S. DEPARTMENT OF STATE served on 3/29/2018; U.S. DEPARTMENT OF THE INTERIOR served on 3/27/2018; U.S. DEPARTMENT OF THE TREASURY served on 3/29/2018; U.S. DEPARTMENT OF TRANSPORTATION served on 4/19/2018; U.S. DEPARTMENT OF VETERANS AFFAIRS served on 3/29/2018; U.S. GENERAL SERVICES ADMINISTRATION served on 3/28/2018 (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 05/01/2018)
2018-05-095NOTICE of Appearance by Joshua M. Kolsky on behalf of All Defendants (Kolsky, Joshua) (Entered: 05/09/2018)
2018-05-096MOTION to Sever Claims , MOTION to Stay Defendants' Response to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 05/09/2018)
2018-05-227Memorandum in opposition to re 6 MOTION to Sever Claims MOTION to Stay Defendants' Response to Complaint filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 05/22/2018)
2018-05-298REPLY to opposition to motion re 6 MOTION to Sever Claims MOTION to Stay Defendants' Response to Complaint filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Kolsky, Joshua) (Entered: 05/29/2018)
2018-05-31MINUTE ORDER granting 6 Defendants' Motion to Stay. Defendants' response to the complaint shall be due 30 days after the Court rules on Defendants' pending motion to sever. Signed by Judge Christopher R. Cooper on 5/31/2018. (lccrc2) (Entered: 05/31/2018)
2018-06-049NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 06/04/2018)
2018-06-0410Memorandum in opposition to re 6 MOTION to Sever Claims MOTION to Stay Defendants' Response to Complaint filed by AMERICAN OVERSIGHT; (See docket entry no. 9 to view.) (ztd) (Entered: 06/05/2018)
2018-06-05MINUTE ORDER denying 6 Defendants' Motion to Sever. For the reasons stated in Chief Judge Howell's opinion in American Oversight v. U.S. Department of Veterans Affairs, 2018 WL 2582793 (D.D.C. June 2, 2018), the Court will deny Defendants' motion to sever. Defendants' response to the complaint shall be due by July 5, 2018. Signed by Judge Christopher R. Cooper on 6/5/2018. (lccrc2) (Entered: 06/05/2018)
2018-06-06Set/Reset Deadlines: Answer due by 7/5/2018 (lsj) (Entered: 06/06/2018)
2018-07-0511NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Main Document 11 replaced on 7/12/2018) (ztd). (Entered: 07/05/2018)
2018-07-0512ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION.(Kolsky, Joshua) (Entered: 07/05/2018)
2018-07-06MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by July 27, 2018. Signed by Judge Christopher R. Cooper on 7/6/2018. (lccrc2) (Entered: 07/06/2018)
2018-07-06Set/Reset Deadlines: Proposed Briefing Schedule due by 7/27/2018 (lsj) (Entered: 07/06/2018)
2018-07-2713Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Kolsky, Joshua) (Entered: 07/27/2018)
2018-07-31MINUTE ORDER: In light of 13 the parties' joint status report, the parties are directed to file a further joint status report by October 8, 2018 updating the Court on the status of production and proposing a further schedule for production and, if applicable, briefing. Signed by Judge Christopher R. Cooper on 7/31/2018. (lccrc2) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: Joint Status Report due by 10/8/2018. (znbn) (Entered: 07/31/2018)
2018-10-0814Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 10/08/2018)
2018-10-0915Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Kolsky, Joshua) (Entered: 10/09/2018)
2018-10-10MINUTE ORDER: In light of the parties' 15 joint status report, the parties shall file an updated joint status report on or before November 9, 2018. Signed by Judge Christopher R. Cooper on 10/10/2018. (lccrc2) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Joint Status Report due by 11/9/2018. (znbn) (Entered: 10/11/2018)
2018-11-0916Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Kolsky, Joshua) (Entered: 11/09/2018)
2018-11-14MINUTE ORDER: In light of the parties' 16 joint status report, the parties shall file an updated joint status report on or before December 20, 2018. Signed by Judge Christopher R. Cooper on 11/14/2018. (lccrc2) (Entered: 11/14/2018)
2018-11-15Set/Reset Deadlines: Joint Status Report due by 12/20/2018 (lsj) (Entered: 11/15/2018)
2018-12-2017Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 12/20/2018)
2018-12-24MINUTE ORDER: In light of the parties' 17 joint status report, the parties shall file an updated joint status report on or before February 8, 2019. Signed by Judge Christopher R. Cooper on 12/24/2018. (lccrc2) (Entered: 12/24/2018)
2018-12-26Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 12/26/2018)
2018-12-2618NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/26/2018)
2019-02-0819Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Cirino, Paul) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: In light of 19 the parties' joint status report, the parties shall file an updated joint status report on or before March 18, 2019, updating the Court on the status of production and whether any dispositive briefing will be necessary. Signed by Judge Christopher R. Cooper on 2/8/2019. (lccrc2) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Joint Status Report due by 3/18/2019 (lsj) (Entered: 02/08/2019)
2019-03-1820Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Cirino, Paul) (Entered: 03/18/2019)
2019-03-19MINUTE ORDER: In light of 20 the parties' joint status report, the parties shall file an updated joint status report on or before May 1, 2019. Signed by Judge Christopher R. Cooper on 3/19/2019. (lccrc2) (Entered: 03/19/2019)
2019-03-20Set/Reset Deadlines: Joint Status Report due by 5/1/2019 (lsj) (Entered: 03/20/2019)
2019-05-0121Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. GENERAL SERVICES ADMINISTRATION. (Cirino, Paul) (Entered: 05/01/2019)
2019-05-02MINUTE ORDER: In light of the parties' most recent joint status report, the parties are hereby ordered to meet and confer by June 1, 2019, and to file an updated joint status report on or before June 14, 2019. Signed by Judge Christopher R. Cooper on 5/2/2019. (lccrc2) (Entered: 05/02/2019)
2019-05-02Set/Reset Deadlines: Attorney Meet and Confer Conference due by 6/1/2019. Joint Status Report due by 6/14/2019 (lsj) (Entered: 05/02/2019)
2019-06-1322NOTICE of Voluntary Dismissal by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 06/13/2019)
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